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Compliance and Individual Sanctions in the Enforcement of Competition Law

Wagner-Von Papp, FH; (2016) Compliance and Individual Sanctions in the Enforcement of Competition Law. In: Paha, J, (ed.) Competition Law Compliance Programs - An Interdisciplinary Approach. (pp. 135-188). Springer

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Abstract

This chapter describes the status quo of criminal enforcement in selected Member States of the European Union and discusses the desirability of criminal enforcement of competition law from a policy perspective. It concludes that at least in Germany the introduction of a criminal offence for horizontal hardcore cartels beyond the existing bid-rigging offence would be desirable, provided an automatic criminal immunity provision for immunity recipients under a leniency programme within the European Competition Network is introduced and the Bundeskartellamt is involved in the criminal prosecution. The introduction of effective criminal enforcement would make compliance training both more important and more effective. Criminalisation makes compliance more important because compliance training helps to spread knowledge about the criminal offence — and only a known threat can deter. Criminalisation makes compliance training more effective because the participants of compliance sessions are motivated to pay attention to avoid criminal liability.

Type: Book chapter
Title: Compliance and Individual Sanctions in the Enforcement of Competition Law
ISBN: 3319446320
ISBN-13: 9783319446325
Publisher version: https://www.springer.com/gp/book/9783319446325
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
Keywords: Antitrust, competition, cartels, leniency, immunity, compliance.
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1493055
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